0001| HOUSE BILL 602
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| WILLIAM E. PORTER
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO GOVERNMENTAL CONDUCT; APPLYING THE GOVERNMENTAL
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0012| CONDUCT ACT TO COUNTY AND MUNICIPAL OFFICERS.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 10-16-2 NMSA 1978 (being Laws 1967,
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0016| Chapter 306, Section 2, as amended) is amended to read:
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0017| "10-16-2. DEFINITIONS.--As used in the Governmental
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0018| Conduct Act:
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0019| A. "business" means a corporation, partnership,
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0020| sole proprietorship, firm, organization or individual carrying
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0021| on a business;
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0022| B. "confidential information" means information
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0023| that by law or practice is not available to the public;
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0024| C. "employment" means rendering of services for
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0025| compensation in the form of salary as an employee;
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0001| D. "financial interest" means an interest held by
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0002| an individual, his spouse or dependent minor children that is:
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0003| (1) an ownership interest in business; or
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0004| (2) any employment or prospective employment
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0005| for which negotiations have already begun;
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0006| E. "official act" means an official decision,
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0007| recommendation, approval, disapproval or other action that
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0008| involves the use of discretionary authority;
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0009| F. "person" means an individual or entity;
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0010| G. "public officer or employee" means any person
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0011| who has been elected to, appointed to or hired for any state
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0012| office and who receives compensation in the form of salary or
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0013| is eligible for per diem or mileage or any person who has been
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0014| elected to or appointed to any county or municipal office, but
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0015| excludes legislators and judges;
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0016| H. "standards" means the conduct required by the
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0017| Governmental Conduct Act; and
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0018| I. "substantial interest" means an ownership
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0019| interest that is greater than twenty percent."
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0020| Section 2. Section 10-16-6 NMSA 1978 (being Laws 1967,
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0021| Chapter 306, Section 6, as amended) is amended to read:
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0022| "10-16-6. CONFIDENTIAL INFORMATION.--No legislator,
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0023| public officer or employee shall use confidential information
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0024| acquired by virtue of his [state] employment or office for
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0025| his or another's private gain."
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0001| Section 3. Section 10-16-11 NMSA 1978 (being Laws 1967,
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0002| Chapter 306, Section 11, as amended) is amended to read:
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0003| "10-16-11. CODES OF CONDUCT.--
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0004| A. By January 1, 1994, each elected statewide
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0005| executive branch public officer shall adopt a general code of
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0006| conduct for employees subject to his control. The New Mexico
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0007| legislative council shall adopt a general code of conduct for
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0008| all legislative branch employees. The general codes of conduct
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0009| shall be based on the principles set forth in the Governmental
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0010| Conduct Act.
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0011| B. Within thirty days after the general codes of
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0012| conduct are adopted, they shall be given to and reviewed with
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0013| all executive and legislative branch officers and employees.
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0014| All new public officers and employees of the executive and
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0015| legislative branches shall review the employees' general code
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0016| of conduct prior to or at the time of being hired.
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0017| C. The head of every executive and legislative
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0018| agency and institution of the state may draft a separate code
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0019| of conduct for all public officers and employees in that agency
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0020| or institution. The separate agency code of conduct shall
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0021| prescribe standards, in addition to those set forth in the
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0022| Governmental Conduct Act and the general codes of conduct for
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0023| all executive and legislative branch public officers and
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0024| employees, that are peculiar and appropriate to the function
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0025| and purpose for which the agency or institution was created or
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0001| exists. The separate codes, upon approval of the responsible
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0002| executive branch public officer for executive branch public
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0003| officers and employees or the New Mexico legislative council
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0004| for legislative branch employees, govern the conduct of the
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0005| public officers and employees of that agency or institution
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0006| and, except for those public officers and employees removable
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0007| only by impeachment, shall, if violated, constitute cause for
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0008| dismissal, demotion or suspension. The head of each executive
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0009| and legislative branch agency shall adopt ongoing education
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0010| programs to advise public officers and employees of the
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0011| executive and legislative branches about the codes of conduct.
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0012| All codes shall be filed with the secretary of state and are
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0013| open to public inspection.
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0014| D. Codes of conduct shall be reviewed at least once
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0015| every four years. An amended code shall be filed as provided
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0016| in Subsection C of this section.
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0017| E. All legislators shall attend a minimum of one
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0018| hour of ethics continuing education and training annually."
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0019| Section 4. Section 10-16-17 NMSA 1978 (being Laws 1993,
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0020| Chapter 46, Section 37) is amended to read:
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0021| "10-16-17. CRIMINAL PENALTIES.--Unless specified
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0022| otherwise in the Governmental Conduct Act, any person who
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0023| knowingly and willfully violates any of the provisions of that
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0024| act is guilty of a misdemeanor and shall be punished by a fine
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0025| of not more than one thousand dollars ($1,000) or by
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0001| imprisonment for not more than one year or both. If a county
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0002| or municipal ordinance imposes a stricter penalty for a
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0003| violation of conduct required by the Governmental Conduct Act,
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0004| then the county or municipal ordinance shall apply. Nothing
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0005| in the Governmental Conduct Act shall preclude criminal
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0006| prosecution for bribery or other provisions of law set forth in
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0007| the constitution of New Mexico or by statute."
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0008| State of New Mexico
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0009| House of Representatives
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0010|
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0011| FORTY-THIRD LEGISLATURE
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0012| FIRST SESSION, 1997
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0013|
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0014|
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0015| February 20, 1997
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0016|
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0017|
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0018| Mr. Speaker:
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0019|
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0020| Your GOVERNMENT AND URBAN AFFAIRS COMMITTEE, to
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0021| whom has been referred
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0022|
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0023| HOUSE BILL 602
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0024|
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0025| has had it under consideration and reports same with
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0001| recommendation that it DO PASS, and thence referred to the
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0002| JUDICIARY COMMITTEE.
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0003|
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0004| Respectfully submitted,
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| Lynda M. Lovejoy, Chairwoman
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0011|
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0012|
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0013| Adopted Not Adopted
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0014|
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0015| (Chief Clerk) (Chief Clerk)
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0016|
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0017| Date
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0018|
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0019| The roll call vote was 7 For 0 Against
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0020| Yes: 7
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0021| Excused: Hobbs
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0022| Absent: None
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0023|
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0024|
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0025| G:\BILLTEXT\BILLW_97\H0602 State of New Mexico
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0001| House of Representatives
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0002|
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0003| FORTY-THIRD LEGISLATURE
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0004| FIRST SESSION, 1997
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0005|
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0006|
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0007| March 12, 1997
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0008|
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0009|
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0010| Mr. Speaker:
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0011|
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0012| Your JUDICIARY COMMITTEE, to whom has been referred
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0013|
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0014| HOUSE BILL 602
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, amended as follows:
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0018|
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0019| 1. On page 3, line 4, strike "1994" and insert in lieu
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0020| thereof "1998".
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0021|
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0022| 2. On page 3, line 5, after "officer" insert ", county
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0023| commission or city governing body".
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0024|
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0025| Respectfully submitted,
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0001|
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0002|
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0003|
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0004|
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0005|
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0006| Thomas P. Foy, Chairman
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0007|
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0008|
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0009| Adopted Not Adopted
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0010|
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0011| (Chief Clerk) (Chief Clerk)
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0012|
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0013| Date
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0014|
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0015| The roll call vote was 8 For 0 Against
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0016| Yes: 8
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0017| Excused: M.P. Garcia, Pederson, Rios, Sanchez, Stewart
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0018| Absent: None
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0019|
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0020|
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0021|
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0022| G:\BILLTEXT\BILLW_97\H0602
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0023|
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0024| FORTY-THIRD LEGISLATURE
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0025| FIRST SESSION, 1997
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0001|
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0002|
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0003| March 21, 1997
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0004|
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0005| Mr. President:
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0006|
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0007| Your PUBLIC AFFAIRS COMMITTEE, to whom has been
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0008| referred
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0009|
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0010| HOUSE BILL 602, as amended
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0011|
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0012| has had it under consideration and reports same with
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0013| recommendation that it DO PASS.
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0014|
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0015| Respectfully submitted,
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0016|
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0017|
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0018|
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0019|
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0020| __________________________________
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0021| Shannon Robinson, Chairman
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0022|
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0023|
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0024|
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0025| Adopted_______________________ Not
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0001| Adopted_______________________
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0002| (Chief Clerk) (Chief Clerk)
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0003|
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0004|
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0005| Date ________________________
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0006|
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0007|
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0008| The roll call vote was 7 For 0 Against
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0009| Yes: 7
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0010| No: 0
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0011| Excused: Ingle, Smith
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0012| Absent: None
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0013|
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0014|
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0015|
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0016|
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0017| H0602PA1
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